Falsely accused of diversion

Nurses Recovery

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Yesterday I was told by my Facility Administrator (FA) that I have been accused of stealing medications while doing a medication review. A patient dropped off all her meds at the nurses station and it was left there unattended for approximately an hour until I had time to do the review. This was the way we have been trained to do the reviews and its how it is done at all 4 dialysis units I have worked. According to my FA the policy and procedure is that we are supposed to do them chairside with the patient. She apologized to me and said that she didnt know that was the policy. She said she and the district

According to the patient she had 10+ oxycodone and when she got home she had only 2 and the cap was put on upside down. I believe her as she is a pretty sharp old lady and seems honest... but I did not take her meds.

I took a 12 panel urine test today but right now Im stressed out over possibly losing my job, losing respect of my coworkers, and even more importantly losing my liscense.

I guess what Im asking is what do I do? I feel overwhelmed and helpless. How does one prove they did not do something?

Sometimes I wished I never switched from business to nursing.

OK. They can't prove you did something you didn't. If you didn't even violate existing policy at your workplace be prepared to show the policy that you were working under. In this case bottom line it's the patient's word on how many oxys she had. You have no idea until you counted how many pills she had. As far as you are concerned you followed existing policy and sure as hell didn't divert any meds. The fact that you are taking a pee test will only clear you of not taking meds not prescribed to you. That's 1/2 the diversion problem (In administrators minds as explained to me by one of the HR geniuses in a case going to arbitration). The other 1/2 is nurses diverting meds to give to loved ones or selling them. You can't really prove that you didn't steal these meds/ People can never prove their innocence which is why those making the accusation are given that burden.

If you think it might also confirm your case (and not raise other issues) you could also obtain a hair test - which should show nothing in your system for the past 3 months. Obviously only do this assuming there isn't anything else that might flag in the last 90 days.

I think it is a reasonable question to say to the administration - if I followed your policy and did what was expected - how could I be expected to do anything else? I did what you wanted me to do.... Do you not want your nurses to follow your policies? Also, why is it assumed you took them, in that time frame isn't it possible someone else did? Does she have a relative who could have access to their bottle between her last use and your count?

I hope this gets dropped but if it sounds like it isn't - you have a strong case if lawyers get involved. I would look into getting one now in case you need one later - they typically don't charge for the consultation and both of you would be up to speed if it turns nasty.

I'll keep my fingers crossed for you in the mean time. Remember that anything you say to them could later be used against you - so I'd get a lawyer on board and be careful.

Do hair tests show ETOH consumption? If so I'd love to just schedule a hair test every three months instead of checking the phone daily. After all it would show that I've been clean for the time covered which I would think is the purpose of these tests

Alex Egan, LPN, EMT-B

4 Articles; 857 Posts

Specializes in Home Health (PDN), Camp Nursing.

Contact a lawyer who specializes in this kind of work. Ask advice. Make no statement on the issue to anyone without taking to them first. No one in this situation is your friend. The employer is out to protect themselves. The client is not aware of the crap storm they are starting. You run the very real risk of being caught in the middle.

Specializes in OR.

But, but, but....there's way more $$ to be made in calling you to P periodically rather than just every 3 months. Besides, I don't think hair shows ETG. I'm not sure.

Damn!!! You are probably right anyway Cats

Meq815

53 Posts

There is a specific hair test for ETG. But like Cats said, it's probably more financially beneficial for PNAP to order the UDSes.

dirtbags

Specializes in Critical care.

Had a similar incident in our ICU. Patient stated he had X number of opioids, which were less than in the bag at the time. On investigation with the ER nurse, she stated that they have had so many people lie about how much narcs they had on admission that the charge nurse independently double counts the narcs with the bedside nurse then they cosign a sealed bag. The bag was still sealed when I gave it to the patient. Turns out the patient didn't actually pack his meds, his niece did, and he had no idea of what actually went in the bag. Did that stop wild accusations of the ER nurse stealing his meds? No! Luckily they covered their collective orifices.

Cheers

Kabhold

5 Posts

So its been 6 days since I was told I was under investigation. No phone call from HR yet. On monday I handed my facility administrator my UA results and asked for a transfer. She wasnt thrilled with the idea. Very depressed all week. I work 6 12s then I get a week off. I barely left the couch. I figured I wouldve gotten a phone call by now and a police visit. Nothing.

This has given me so much stress and I do not want to go back to work on Thursday. If it didnt look bad I would just put my two week notice in.

Kabhold

5 Posts

The hair tests. Those go back months right? If so Ill pass.

Everyone here says to lawyer up. Everyone in my personal life says Im overreacting and its not a big deal because its a flimsy case. I think maybe you guys are right though. I could care less about the job... but Im worried about my liscense. I keep reading these horror stories on the internet about RNs who have lost thier liscense for less.

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